Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Huebner v. Elberg, 2026 NY Slip Op. 30293(U), holding that a cross-motion may not be made seeking relief from a party that was not the movant for the initial motion . . . Continue reading Cross-Motion May Not be Made Against Party That was Not the Initial Movant
On January 25, 2026, Justice Masley of the New York County Commercial Division issued a decision in Psalms Creative, LLC v. Beacon Inv. Holdings LLC, 2026 NY Slip Op. 30295(U), holding that a fraud claim based on an alleged misrepresentation of contractual compliance failed because it was duplicative of a breach of contract claim, but that a fraud claim alleging misrepresentations made to induce a party to enter into a contract survived . . . Continue reading Alleged Misrepresentation of Contractual Compliance Fails, But Claim Alleging Misrepresentations to Induce Party to Enter Into Contract Survive
On January 27, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Ace Group 11, Inc. v. All State Constr. R Us, Inc., 2026 NY Slip Op. 30337(U), dismissing a fraud claim for lack of sufficient factual allegations . . . Continue reading Fraud Claim Fails for Lack of Sufficient Factual Allegations
On February 10, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v 56th & Park (NY) Owner, LLC, 2026 NY Slip Op. 00609, holding that the need for additional discovery, without more, is insufficient basis to deny a motion to amend to add fraud-based claims . . . Continue reading Need for Additional Discovery, Without More, Insufficient Basis to Deny Motion to Amend
On January 12, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Access Advance LLC v. Shenzhen Geniatech Inc., 2026 NY Slip Op. 30198(U), holding that a party that did not sign a contract can be liable for breach of the contract as an alter ego of a signer . . . Continue reading Party That Did Not Sign Contract Can Be Liable As Alter Ego of Signer
On December 23, 2025, Justice Crane of the New York County Commercial Division issued a decision in Quartix Fin. Inc. v. KSH Brands LLC, 2025 NY Slip Op. 35193(U), reducing an attorneys’ fees award by ten percent because of block billing . . . Continue reading Court Reduces Attorney’s Fees Award Because of Block Billing
On January 5, 2026, Justice Cohen of the New York County Commercial Division issued a decision in TSLA Capitals, S.A.P.I. DE C.V. v. ATL Funds, LLC, 2026 NY Slip Op. 30133(U), holding that a note referring to performance as well as payment can still be an instrument for the payment of money only under CPLR 3213 . . . Continue reading Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213
On February 4, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Contact Holdings Corp., 2026 NY Slip Op. 00491, holding that a case dismissed for failure to prosecute was not entitled to tolling under CPLR 205-a . . . Continue reading Case Dismissed for Non-Prosecution Not Entitled to Tolling Under Savings Statute
On February 3, 2026, the First Department issued a decision in Shanklin v. Wilhelmina Models, Inc., 2026 NY Slip Op. 00480, holding that a years-long delay in seeking an order of class certification did not bar the ultimate request for that order . . . Continue reading Years-Long Delay in Seeking Order Not Fatal
On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that the covenant of good faith and fair dealing did not require notice of termination of an employment contract . . . Continue reading Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract
